Linda Tsang
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According to some lawyers, libel is dead.
In 1997, 452 libel writs were issued. In the year to May 2007, according to research by publishers Sweet and Maxwell, there were 64.
The research shows that terrorism-related cases made up 13 per cent of the total number of reported claims, compared to just 4 per cent the previous year and 6 per cent the year before.
Claims brought by celebrities accounted for 30 per cent of the total number of reported defamation cases in 2006-7, which shows that London still seems to be the libel capital.
But have reports of libel's death been exaggerated?
It is true that there have been fewer high-profile cases such as that of MP Jonathan Aitken, who was jailed in 1999 for 18 months for lying in a suit he brought against The Guardian.
The headlines have instead been going to privacy cases, such as Lord Browne's scrap with the Mail on Sunday, which kept lawyers busy all the way to the House of Lords. Sir Paul McCartney has also been fighting to keep his private life out of the newspapers.
Although there may be fewer cases, that doesn't mean libel lawyers are not busy.
Solicitors at the leading libel firms say there has been a huge change in the landscape over the past decade. Fewer claims are going all the way to trial — but this has been replaced by more "behind the scenes" work before publication or broadcast.
Their focus has been more on "reputation management", which ranges from lawyers being retained to prevent evil tricks being played with the good name of Harry Potter to firing off warning letters to the publishers of the unauthorised biography of Wayne Rooney.
The Russian billionaire Aisher Usmanov also reportedly instructed libel lawyers to "manage" his reputation after he bought a stake in Arsenal Football Club.
The irony is, of course, that if the lawyers are successful at keeping a high-profile client's name out the news, their good work goes unnoticed.
So who are the libel lawyers the rich, famous and powerful are turning to?
I asked a number of lawyers who they would want defending them if they themselves had been accused of libel.
By far the one who got the most name-checks was David Price, a solicitor-advocate. He recently acted for Glenn Roeder, the former Newcastle manager, in a libel claim against the Daily Mail. Almost half of the lawyers I spoke to said they would want him defending them.
Next was Nigel Tait, of Carter-Ruck. "Very approachable and a very good all-rounder," was one of the comments. He advised Frank Warren, the boxing promoter, against the Daily Record and won an apology in open court.
Kevin Bays of Davenport Lyons, who has represented Private Eye in numerous actions, and Keith Schilling at Schillings, who has built up a formidable reputation for acting for celebrities including Wayne Rooney, are other top names.
On the defendants' side, acting mainly for newspapers and publishers, Liz Hartley of Reynolds Porter Chamberlain is regarded as the leading light. Caroline Kean at Wiggin is also highly rated.
As for the barristers, the names are familiar: Andrew Caldecott, QC, of One Brick Court, is still seen as the first choice for complicated cases. He was counsel for the BBC during the Hutton inquiry and acted in the leading case on qualified privilege, Reynolds v The Times, in 1999.
Desmond Browne, QC, of 5 Raymond Buildings is experienced and "ruthless" and well-liked by judges. He was involved in the landmark case McKennitt v Ash on celebrity and the right to privacy. His colleague, Adrienne Page, QC, successfully defended the publishers in the Bent Coppers case.
At Matrix Chambers, Hugh Tomlinson, QC, is regarded as an "outstanding" leader, and Heather Rogers, QC, has colleagues and competitors alike wondering why it took so long for her to take silk.
The number of claims may have fallen, but these libel lawyers' practices are still flourishing.
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Surely Schillings are dead in the water after the Usmanov fiasco. According to the Guardian the first anyone had heard of this man and his reputation was when Schillings tried to manage it in the most draconian manner which resulted in an explosion of repetion and ridicule across the internet They then cynically appended their name to a letter to the Guardian defending free speech in Pakistan. As if that wasn't bad enough it emerged they had unsuccessfully represented the Saudi government in an Ofcom complaint on the very day the Saudis sentenced a woman to 200 lashes for being raped.
Emily, London,